Thursday, August 13, 2015

Lord Janner WILL appear in court tomorrow to face child sex abuse charges after his lawyers lost their bid to stop him attending

  • Peer is accused of 22 child sex abuse charges between 1960s and 1980s
  • He has always denied wrongdoing and says he is too ill to attend court
  • Judges today ruled demands of public justice outweigh his human rights

Lawyers for Lord Janner have lost a High Court bid to prevent him having to attend court tomorrow to face child abuse charges
Lord Janner is due to appear before a court to face child abuse charges tomorrow after his lawyers lost a High Court bid to prevent him having to attend.
The former Labour peer and MP was ordered to appear at Westminster Magistrates' Court in London in relation to 22 charges spanning a period from the 1960s to the 1980s.
His legal team says that the 87-year-old is suffering from dementia, and forcing him to attend court in person is unlawful and violates his human rights.
They wanted tomorrow's hearing halted to give him time to seek judicial review of the decision that he must attend.
But they have lost that legal bid, meaning Janner will have to appear before the court in central London unless an appeal can be mounted in the meantime.
Lady Justice Rafferty, sitting with Mr Justice Irwin, said the court had 'unhesitatingly concluded' that the balance between the human rights of Lord Janner and 'the public interest in public justice' came down in favour of Janner's attendance in court for the brief period required by the law.
Janner's lawyer Paul Ozin had argued it was 'barbaric, inhumane and uncivilised' to expose the peer to a court appearance. 
Mr Ozin said there is no dispute that Janner is suffering from such severe dementia that he will inevitably found unfit to plead.
The court heard he is a frail and elderly man who is prone to suffer a 'catastrophic reaction' and likely irritability and anger if he attends court.
'It can be properly be said that it is barbaric, inhumane and uncivilised to expose a very vulnerable person to the experience... Especially when it is wholly unnecessary and serves no logical purpose,' said Mr Ozin.
'We go as far as to say no civilised society should tolerate an approach of that kind.'
Last seen: Lord Janner pictured outside his house in London in 2014. It is said he now needs round the clock care as he suffers from advanced dementia
Last seen: Lord Janner pictured outside his house in London in 2014. It is said he now needs round the clock care as he suffers from advanced dementia
But despite his pleas, Lady Justice Rafferty and Mr Justice Irwin refused the application.
Lady Justice Rafferty said: 'There has been quite enough sadness, misery and delay attached to all this and so I'm confident parties will read the mood of the court.'
It is barbaric, inhumane and uncivilised to expose a very vulnerable person to the experience
Lawyer Paul Ozin on why the Lord Janner, 87, should not attend court
Janner, a QC, is charged with sex attacks on vulnerable young boys at a children's home in his constituency.
At the height of his alleged crimes, Janner is accused of abusing three victims in a month. Other charges reveal he is accused of preying repeatedly on the same boys over months and even years.
The peer is expected to be committed for trial at Southwark Crown Court where a judge will then decide if he is fit to plead.
If he is not, a jury would decide whether he committed the acts based on prosecution evidence. A defence team would test the case but this would be incomplete as the politician could not instruct them or speak on his behalf.
Director of Public Prosecutions Alison Saunders came under fire for the original decision not to prosecute the peer
Lord Janner
Director of Public Prosecutions Alison Saunders came under fire for the original decision not to prosecute
If the jury were satisfied that the acts were done, the judge would have three options – a supervision order, a hospital order or an absolute discharge.
None of these amounts to conviction or punishment, but Janner could be moved to secure accommodation if he is found to be a risk to the public.
Janner has always denied any wrongdoing.
Director of Public Prosecutions Alison Saunders provoked fury among when she ruled in April that Lord Janner could not be prosecuted because of his dementia.
But the Crown Prosecution Service said in the june that a judge and jury would conduct a 'trial of the facts' in the case of 86-year-old, although his illness means he likely will not be convicted or punished.
The High Court decision means Janner will have to appear at Westminster Magistrates Court tomorrow
The High Court decision means Janner will have to appear at Westminster Magistrates Court tomorrow
Prosecutors decided 'it was in the public interest to bring proceedings before the court.'
Director of Public Prosecutions Alison Saunders resisted calls to resign over the issue, insisting the decision over whether to prosecute had been 'an extremely difficult and borderline case because of the strong arguments on both sides.'
She said it was 'a matter of real regret' that Janner had not been prosecuted sooner.
Lawyers for Lord Janner said they will not be appealing later today against the High Court's ruling. 

THE ACCUSATIONS: 22 SEX ATTACKS SPANNING NEARLY TWO DECADES 

By Alison Saunders' own admission, the evidence against Lord Janner was strong enough in relation to no fewer than nine victims to place before a court.
The Labour peer is suspected of carrying out 22 sex attacks against young victims, including a girl, who were in local authority care. They allegedly took place over a 19 years and include:
  • 14 indecent assaults on a male under 16 between 1969 and 1988
  • Two indecent assaults between 1984 and 1988
  • Four counts of serious sexual assault on a male under 16 between 1972 and 1987
  • Two counts of serious sexual assault between 1977 and 1988
Around 25 victims are thought to have contacted police as part of the investigation. The main claims investigated by Leicestershire Police centre on Janner's alleged friendship with Frank Beck, a paedophile care home manager jailed in 1991 for a string of sex offences.
One of those prepared to give evidence against Janner is Hamish Baillie, 47, who lived in Beck's care home and alleges that at 15 he was molested by the peer during a game of hide-and-seek.
Another complainant who formed part of the inquiry is Ray Dunkley, 56, who said he was indecently assaulted when Janner visited his primary school in 1966 – four years before he was elected an MP.
Since the decision in April not to prosecute Janner, more alleged victims are believed to have come forward, with at least 30 now said to have spoken to police.
Police have launched a separate investigation into allegations that Janner took a teenage boy to Scotland in the 1970s and sexually assaulted him.

24 comments:

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